Bernskoetter v. Kixmiller

LOWENSTEIN, Judge.

This case presents a question of first impression: whether laches or acquiescence is an affirmative defense to a transfer of money in fraud of marital rights. The wife, Catherine T. Bernskoetter, who died intestate, and her husband had been married for 49 years and had 5 children. For approximately the last 20 years of the marriage, the wife had been working outside the home but never put her paycheck into the joint account maintained by her and husband. Instead she had opened a separate account in joint name with the respondent daughter, Charlene Kixmiller.1 For the last 15…